The General Data Protection Regulation (GDPR) is one of the most significant pieces of legislation in the field of privacy and data protection in recent history.
Since its entry into force on May 25, 2018, it has transformed how businesses and organizations worldwide handle the personal data of European Union (EU) citizens. In this article, we will explore in detail what GDPR is, its fundamental principles, the rights it grants individuals, and the obligations it imposes on companies.
GDPR is based on six key principles that guide the processing of personal data. First, there is the principle of lawfulness, fairness, and transparency, which requires data to be processed legally, fairly, and transparently. This means that companies must clearly inform individuals about how their data will be used and obtain their explicit consent.
The second principle is purpose limitation. Personal data should only be collected for specific, explicit, and legitimate purposes and should not be processed in a manner incompatible with those purposes. This principle ensures that companies do not use personal data for purposes other than those initially agreed upon.
The third principle is data minimization, which states that only data necessary to fulfill the specific purpose should be collected. Companies should avoid excessive data collection and ensure that they only process the minimum amount of information needed.
GDPR grants individuals a series of rights that enhance their control over their personal data. One of the most important rights is the right of access, which allows people to obtain information about whether their data is being processed, where, and for what purpose. Additionally, they have the right to receive a copy of the personal data being processed.
The right to rectification allows individuals to correct inaccurate or incomplete data. If the data a company holds about an individual is incorrect, that person has the right to request its correction.
Another crucial right is the right to erasure, also known as the right to be forgotten. This right allows individuals to request the deletion of their personal data when it is no longer necessary for the purposes for which it was collected or when they withdraw their consent.
GDPR imposes several obligations on companies to ensure that personal data is handled properly. One of the main obligations is obtaining consent. Companies must ensure that consent for data processing is clear, informed, and explicit. Implicit or tacit consent is not sufficient.
Furthermore, companies must notify data protection authorities and affected individuals in the event of a security breach that compromises personal data. This notification must be made without undue delay and, in any case, within 72 hours of discovering the breach.
Another important obligation is conducting Data Protection Impact Assessments (DPIAs). These assessments are necessary when data processing may result in a high risk to the rights and freedoms of individuals. DPIAs help companies identify and mitigate the risks associated with data processing.
Non-compliance with GDPR can result in severe penalties. Fines can reach up to 4% of a company’s annual global turnover or 20 million euros, whichever is greater. These penalties underscore the importance of complying with data protection regulations and demonstrate the EU’s commitment to protecting its citizens’ privacy.
Additionally, GDPR has an extraterritorial reach. This means it applies not only to companies within the EU but also to those outside the EU if they offer goods or services to EU citizens or monitor their behavior within the EU. This feature significantly extends GDPR’s impact, compelling companies worldwide to comply with its requirements.
GDPR represents a robust and rigorous framework for personal data protection. Its impact has been profound, transforming how organizations manage and protect personal data. By understanding and complying with GDPR’s principles and obligations, companies not only avoid penalties but also strengthen consumer trust in their commitment to data privacy and security. At Mr Urbina, we are dedicated to providing the information and tools necessary to successfully navigate the complex landscape of data protection.
